Personal Injury

As hard it is to believe we are over seven months into the COVID-19 pandemic and the legal community is beginning to see some trends with regards to COVID-19 related litigation.  There are two trends in particular that should be noted: the increase in serious automobile accidents and the increase in lawsuits against individual owners and managers of corporations, as opposed to just the corporations themselves.

It has been pretty well established that traffic has decreased significantly since the first wave of shutdowns in March 2020, so it may surprise some that there has been an increase in serious automobile accidents since that time.  In fact, the number of motor vehicle fatalities per miles driven increased by fourteen percent in comparing March 2019 to March 2020 according to a National Safety Council report.  Since March 2020 there have been many serious accidents on the roadways despite a general decrease in the number of drivers.
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Article by Courtney Garrity

                Obtaining one’s medical records has always had a bit of a challenge attached. Whether it means a game of phone tag with a physician’s office, trouble navigating patient portals, or watching the mailbox like a hawk, getting a complete set when necessary can take some work. Under the Health Information Technology and Clinical Health (HITECH) Act, 42 U.S.C.
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In some ways, we are all guilty of sneaking a glance at the screen of our phones while behind the wheel, whether stuck in traffic or stopped at a red light. A quick scroll through the email, a lightning fast response to the repetitive chime of incoming text messages. Now, as of February 23, 2020, to do so in the Commonwealth of Massachusetts is illegal. Under new Massachusetts General Law chapter 90 section 13b, any use of a mobile device while stationary and or in an operational capacity while on a public roadway, unless the phone is being used as a navigational device and affixed firmly to the vehicle, is banned. This includes use at red lights and stop signs, or even pulled over to the shoulder, for even the briefest of moments, which means no more responding to emails or Snapchat streaks.
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If you have been to a Boston Celtics or Boston Bruins game recently, you may have noticed an extensive (and relatively) confusing bicycle path lining Causeway Street and the surrounding areas.  Even in the suburbs, bicycle lanes which share the road with automobile traffic are becoming more and more commonplace.  Not surprisingly the more bicycles that are on the road, the more bicycle related accidents that have been occurring.  Unlike cases involving automobile versus automobile or automobile versus pedestrian, it is not always easy to determine liability in automobile versus bicycle cases.

There are many ways in which a bicycle accident can occur.
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It is amazing to think about how far technology in automobiles has come over the years.  It may seem like ancient history, but there was a time when there was no way to make a telephone call while driving.  Then technology brought us large corded phones that you could pull out of little portable suitcases that could be carried into the car.  Now we keep our mobile device in our pocket and makes calls using our vehicle's operating system.  Automobiles now have lane departure detection technology, GPS tracking, cameras at all angles to assist with parking, and some vehicles can even operate the car for you.
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This mantra of the soon-to-be World Champion Boston Red Sox's postseason is to "do damage."  Unfortunately, there are times when the damage done is to the fans in the seats cheering on their favorite team.  Injuries by foul balls at baseball games are rare, but can be very serious when they do happen.  So what are an individual's rights when they are struck and injured by a foul ball at a baseball game?

The longstanding so-called "Baseball Rule" has been adopted by the Court in a majority of jurisdictions.  This Rule limits a landowner's duty of care that is owed to spectators to providing reasonable protection in the form of screening behind home plate.
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Technological advances are one of the most exciting and innovative aspects of our times.  Whether it be the new features on the latest Android or iPhone or high definition drones capturing memorable moments in the sky, advances in technology are happening at more and more rapid pace.  But can the law keep up with technology?

Drones are heavily regulated but these regulations are both not well known to the public and not always followed.  There have been reported personal injury claims associated with drones from defective drone equipment and drone operator negligence.  Sometimes it is not clear which was the cause of someone's injury (and considering how frequently drones are being used at large public events, the risk of injury is only getting higher and higher).
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If you have spent anytime driving on the highways of Rhode Island recently, you will have noticed the signs that on June 1, 2018, drivers in Rhode Island will need to put their phones down.  If not, drivers will face a one hundred dollar fine - each time they are caught.

Rhode Island state police have suggested that the dangers of distracted driving are the same as the dangers of drunk driving.  That is why beginning on June 1st, the police will be looking to pull over anyone holding their phone while they are talking and driving.  Drivers will be allowed to use the phone only with a hands-free devices, like a mount inside the car or a Bluetooth.

Considering today is New England's third nor'easter in the last two weeks, it may be a good time to discuss how Massachusetts and Rhode Island handle personal injury claims that occur during snowy conditions.

For slip and fall accidents, the State of Rhode Island follows what is called the "Connecticut Rule."  This rule makes it a legal duty for a property owner (of a private residence, retail store, restaurant, and government entities) to remove natural hazards from common areas on the property within a "reasonable time."  Of importance, the "reasonable time" typically lasts at least up until the snowfall has ended.   

While it may not be your first instinct, it is important to document the accident scene at the time of the accident.
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One of the most important elements of the discovery process for any type of litigation are the depositions.  Some lawsuits or claims do not require any deposition notices; others require depositions in the double digits. 

One common misconception is that only parties to a lawsuit can be deposed.  In fact, any witness, whether a party or not, with any relevant information to the case can probably be deposed.  So, if you are a third-party deponent, do you need to contact a lawyer?

As our technology expands, so do the legal liabilities and consequences that accompany it.  Fifteen years ago the only real prevalent "social media" was AOL Instant Messenger better known as AIM.  Today, there are dozens of social media platforms including Facebook, WhatsApp, QQ, WeChat, QZone, Tumblr, Instagram, LinkedIn, Twitter, Google+, Baidu Tieba, Skype, Viber, Sina Weibo, Line, Snapchat,Vkontakte, Pinterest, Telegram, Reddit, Taringa, Foursquare, Renren, Tagged, Badoo, MySpace, StumbleUpon, The Dots, Kiwibox, Skyrock, Delicious, Snapfish, Reverbnation, Flixster, Care2, Cafemom, ravelry, NextDoor, Wayn, CellUFun, Vine, Classmates, MyHeritage, Viadeo, Xing, Xanga, LiveJournal, Friendster, and YouTube - just to name a few.

While there are many great aspects to the ability to connect to so many people both known and unknown in the world, as with all technology, there are important legal ramifications to consider.  Specifically, one question that is becoming more and more prevalent is who has the right to access a person's social media profiles.